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15 tion on the part of the vender, that the quantity sold and 16 delivered was the quantity bought by the vendee. There shall 17 be taken into consideration the usual and ordinary leakage, 18 evaporation or waste that there may be from the time a package or container is filled by the vender until he sells the same. 20 A slight variation from the stated weight, measure or quantity 21 for individual packages is permissible; provided, that variation 22 is as often above as below the weight, measure or quantity 23 stated.

Sec. 22. It shall be the duty of the District Attorney to 2 prosecute all violation of the provisions of this Act occurring 3 within his county.

Sec. 23. The Director of the Nevada Agricultural Experi2 ment Station is hereby designated and constituted ex officio 3 Sealer of Weights and Measures and shall be charged with the 4 proper enforcement of the provisions of this Act, and he may 5 appoint such deputy or deputies as he may deem necessary 6 therefor. He shall have the care and custody of the authorized 7 public standards of weights and measures and of balances and 8 other apparatus of all kinds owned by the State under section one of this Act. He shall maintain the State standards in good order and submit them at least once in every ten years to the National Bureau of Standards for verification. He shall at once, after the approval of this Act, obtain from the Government of the United States all standard weights and measures mentioned in this Act which this State does not at that time

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Sec. 24. It shall be the duty of the sealer and his duly 2 authorized deputy to try and prove all weights, measures, 3 balances and measuring devices, when requested so to do by 4 any person, without expense to such person, and when the same are found or made to conform to the authorized standards he 6 shall seal and mark such weights, measures, balances and meas7 uring devices with a seal to be kept by him for that purpose. 8 It shall be the duty of the sealer and his deputy to inspect and 9 test all weights, measures, balances and measuring devices and 10 when any weight, measure, balance or measuring device is 11 found by the sealer or his deputy or deputies to be false or untrue or not of the approved type, or which does not conform 13 to the standards, or which cannot be made to conform to the 14 standards by such means as the sealer or his deputy may have 15 at his disposal he shall condemn the same and mark it con16 demned in a conspicuous manner, and such condemnation mark 17 shall not be removed or defaced except by authorization of the

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18 said sealer or his deputy. It shall be the duty of the sealer and 19 his deputy to inspect packages or containers of commodities 20 or articles of merchandise, put up and sold or offered for sale 21 in this State, and he shall mark in a conspicuous manner any 22 package or container which does not have a statement of the net 23 weight, measure or numerical count of its contents on it, and 24 such mark shall not be removed or defaced except by authoriza25 tion of the said sealer or his deputy. Whenever the sealer or his 26 deputy has reason to believe that there has been a violation of 27 the provisions of this Act he shall swear to, or cause to be 28 sworn to, a complaint before the Justice of the Peace having 29 jurisdiction, charging the suspected person with a misde30 meanor, and shall take charge of, pending the trial of the 31 accused person, the weight, measure, balance or measuring 32 device used in such suspected violation.

Sec. 25. The sealer and his duly authorized deputy shall 2 have full power to enter any premises in or on which any 3 weights, measures, balances or measuring devices may be 4 located or used for the purposes of trade, or any premises in or on which any commodities or articles of merchandise are put up into packages or containers for the purposes of trade, for the purpose of inspecting, adjusting, sealing, condemning or 8 marking such weights, measures, balances or measuring de9 vices and such packages or containers.

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Sec. 26. It shall be unlawful for any person to hinder, obstruct or in any way interfere with the sealer or his duly 3 authorized deputy while in the performance of said inspection, 4 and it shall be unlawful for any person to fail to produce upon 5 demand by the sealer or his deputy all weights, measures, 6 balances or measuring devices and all packages or containers 7 of commodities or articles of merchandise, in or upon his place 8 of business or in his possession, for use in manufacture or trade. 9 Any such person so violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, or 12 by imprisonment in the county jail for not more than thirty 13 days, or by both such fine and imprisonment.

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Sec. 27. If the sealer or any one of his deputies shall seal 2 any weight, measure, balance or measuring device before first 3 testing and making the same conform to the authorized standard or if he shall condemn or take charge of any weight, measure, balance or measuring device without first testing the 6 same, the one so doing shall be deemed guilty of a misde

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meanor and upon conviction thereof in a court of competent 8 jurisdiction shall be subject to a fine of not less than five 9 dollars nor more than one hundred dollars.

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Sec. 28. If the sealer or any one of his deputies neglects to keep the standards under his charge in good order or repair, or 3 suffers any of them through his neglect to be lost, damaged or 4 destroyed, or fails to perform any of the duties imposed upon 5 him by this Act, the one so doing shall be deemed guilty of a 6 misdemeanor and upon conviction thereof, in a court of com7 petent jurisdiction, shall be subject to a fine of not less than ten dollars nor more than two hundred dollars.

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Sec. 29. The sealer shall keep a record of all the weights, 2 measures, balances or other measuring devices sealed, and of all convictions had and confiscations made under this Act and 4 shall make an annual report to the Governor on or before 5 January first of each year, a copy of which shall be filed with 6 the National Bureau of Standards. He shall issue from time to time regulations for the guidance of his deputies and the 8 said regulations shall govern the procedure to be followed by 9 the aforesaid deputies in the discharge of their duties.

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Sec. 30. The terms "package" and "container" as used 2 in this Act shall include any carton, box, barrel, bag, keg, 3 drum, bundle, jar, jug, crock, demijohn, bottle, crate, basket, 4 hamper, pail, can, parcel, package or paper wrapper.

Sec. 31. The term "person" as used in this Act shall be 2 construed to impart both singular and plural as the case 3 demands and shall include corporation, company, society and 4 association. When construing and enforcing the provisions of 5 this Act omission or failure of any officer, agent or other per6 son acting for or employed by any corporation, company, 7 society or association within the scope of his employment or 8 office, shall in every case be also deemed omission or failure of 9 such corporation, company, society or association, as well as 10 that of the person.

Sec. 32. The sum of four thousand dollars ($4,000) is 2 hereby appropriated out of any money in the State Treasury 3 not otherwise appropriated for the compensation of sealer, 4 deputy or deputies, office supplies and for apparatus necessary 5 to carry out the provisions of this Act. The State Controller 6 is hereby authorized to draw his warrants for the sum herein 7 appropriated in favor of the Nevada Agricultural Experiment

8 Station, and the State Treasurer is hereby directed to pay 9 the same.

Sec. 33. This Act shall take effect June first, nineteen 2 hundred and eleven.

Sec. 34. All Acts and parts of Acts in conflict with or 2 inconsistent with this Act are hereby repealed.